Section Code: 0044 - 0052
LABOUR PROTECTION ACT B.E. 2541 (1998)
BHUMIBOL ADULYADEJ, REX.
Given on this 12th day of February B.E. 2541
Being the 53rd year of the Present Reign.
Chapter 4: Employment of Young Workers
An Employer shall not empty a child under fifteen years of age as an Employee.
In the case of employment of a young worker under eighteen years of age, the Employer shall comply with the following:
- notify a Labor Inspector regarding the employment of a young worker within fifteen days of the young worker commencing work;
- prepare a record of employment conditions in case of a change, taken place to be kept at the place of business or at the office of the Employer available for inspection by a Labor Inspector during working hours; and
- notify the Labor Inspector regarding the termination of employment of a young worker within seven days from the date of young worker being dismissed.
The notification or the record under paragraph one shall be in accordance with the forms prescribed by the Director-General.
An Employer shall provide a rest period for a young worker of not less than one consecutive hour after the Employee has worked for not more than four hours; and during the period of such four hours, the young worker shall have rest periods as fixed by the Employer.
An Employer shall not require a young worker under eighteen years of age to work between 22.00 hours and 6.00 hours unless written permission is granted by the Director-General or a person entrusted by the Director-General.
The Employer may require a young worker under eighteen years of age who is a performer in film, theater or other similar acts to work during such hours; provided that the Employer shall provide the young worker with proper rest periods.
An Employer shall not require a young worker under eighteen years of age to work overtime or to work on a Holiday.
An Employer shall not require a young worker under eighteen years of age to perform any of the following work:
- Metal smelting, blowing, casting or rolling;
- Metal pressing;
- Work involving heat, cold, vibration, noise and light of an abnormal level which may be hazardous as prescribed by the Ministerial Regulations;
- Work involving hazardous chemical substances as prescribed in the Ministerial Regulations;
- Work involving poisonous microorganisms which may be a virus, bacterium, fungus or any other germs as prescribed in the Ministerial Regulations;
- Work involving poisonous substances, explosive or inflammable materials, other than work in a fuel service station as prescribed in the Ministerial Regulations;
- Driving or controlling a forklift or a crane as prescribed in the Ministerial Regulations;
- Work using an electric or motor saw;
- Work that must be done underground, underwater, in a cave, tunnel or mountain shaft;
- Work involving radioactivity as prescribed in the Ministerial Regulations;
- Cleaning of machinery or engines while in operation;
- Work which must be done on scaffolding ten meters or more above the ground; or
- Other work as prescribed in the Ministerial Regulations.
An Employer shall not require a young worker under eighteen years of age to work in the following places:
- a slaughter house;
- a gambling place;
- a place for dancing, Ramwong or Rong Ngeng;
- a place of selling and serving food, liquor, tea or other beverages with a pleasing person to treat customers, or with a place for relaxing, or massage service for customers; or
- Other places as prescribed in the Ministerial Regulations.
An Employer shall not pay the Wages of a young worker to any other.
An Employer shall not demand or accept a deposit of any purposes from a young worker.
Whereas an Employer, a young worker, or the parent or guardian of a young worker has paid or received money or any other benefit in advance of employment, at the time of employment or before each period of payment to the young worker, that payment shall not be deemed to be the payment or receipt of Wages for the young worker and the Employer shall not deduct such money or benefits against Wages which are payable to the young worker at the specified time.
For the purpose of the development and promotion of the quality of life and employment of young people, a young worker under eighteen years of age shall be entitled to take Leave for attending meetings or seminars, obtaining education or training; or Leave for another matter, which is arranged by an academic institute, or a government or private agency approved by the Director-General; provided that the young worker shall notify the Employer in advance stating clearly the reason for the Leave and presenting relevant evidence, if any; and the Employer shall pay Wages to the young worker equivalent to the Wages of a Working Day throughout the period of Leave, but not exceeding thirty days per year.